Logan v. Pennsylvania Telephone Co.
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1909, by defendant, from judgment of C. P. York Co., Aug. T., 1907, No. 77, on verdict for plaintiff in case of William H. Logan v. The Pennsylvania Telephone Company. Trespass to recover damages for injuries to trees. Before Wanner, J. ' At the trial it appeared that plaintiff owned 246 acres of land in Carroll township.. The northern boundary of the land was a public road along which the plaintiff had planted a row of ornamental trees.
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Appeal, No. 16, March T., 1909, by defendant, from judgment of C. P. York Co., Aug. T., 1907, No. 77, on verdict for plaintiff in case of William H. Logan v. The Pennsylvania Telephone Company. Trespass to recover damages for injuries to trees. Before Wanner, J. ' At the trial it appeared that plaintiff owned 246 acres of land in Carroll township.. The northern boundary of the land was a public road along which the plaintiff had planted a row of ornamental trees. The defendant in erecting its telephone line trimmed and cut down many of these trees. At the time of the suit the land was in the…
1Opinion of the Court
Opinion by
Morrison, J.,
There is nothing of serious importance raised by the first and second assignments of error. Prior to the procedure Act of May 25,1887, P. L. 271, there were three well-known forms of actions of trespass, viz.: vi et armis, quare clausum fregit and trespass on the case. By the second section of that act it is provided: “That, so far as relates to procedure, the distinctions heretofore existing between actions ex delicto be abolished, and that all damages, heretofore recoverable in trespass, trover or trespass on the case, shall hereafter be sued for and recovered in one…
2Cases cited8 opinions
- Duffield v. Rosenzweig, Pennsylvania Court of Common Pleas, Warren County1891
- Ripka v. SergeantSupreme Court of Pennsylvania · 1844
- McIntire v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1888
- Vanderslice v. DonnerSuperior Court of Pennsylvania · 1904
- Devlin v. SnellenburgSupreme Court of Pennsylvania · 1890
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3Cited by3 opinions
- Potts Run Coal Co. v. Benjamin Coal Co.Superior Court of Pennsylvania · 1981
- Hogan v. BurnesonSuperior Court of Pennsylvania · 1910
- Farmers Trust Co. v. MillerSuperior Court of Pennsylvania · 1934